1. Impact of the Directive

The Directive applies in all EU Member States; other countries in the European Economic Area (EEA); and, in due course, all accession countries. The transposition period for all Members States to change existing laws and other provisions to comply with the Directive was three years - the deadline would thus be around November 2003. However, Member States may have three more years to implement the provisions on age and disability if necessary.

The impact of the Directive will be most marked in those countries where there is no existing non-discrimination legislation. There will be significant implications for the approach towards disabled people in relation to employment by employers, trade unions, NGOs and other organisations with an interest in this area.

Employers, in particular, will need to review their policies and procedures in a wide range of areas including - selection criteria, and recruitment; the working environment; pay; induction; career development, training and promotion; and retention, re-training and re-deployment; and dismissals and retirement. It may also be appropriate to introduce disability awareness training for managers and staff, as well as training for the implementation of revised policies and procedures.

2. New Concepts to understand

The provisions of the Directive are based on the introduction of various concepts which are brought together for the first time in legislation at EU level relating to the groups concerned. For effective implementation of the Directive, it is essential that all interested parties acquaint themselves with, and understand these concepts:

Direct and Indirect Discrimination

The Directive makes a distinction between 'Direct Discrimination' and 'Indirect Discrimination'. The former occurs when a person is treated less favourably than others because of their disability. The latter occurs where a much higher proportion of disabled people than non-disabled people are liable to be adversely affected by an apparently neutral provision, criterion or practice which is not objectively justified by a legitimate aim.

Reasonable Accommodation

The Directive makes employers responsible for providing a 'reasonable accommodation' for disabled people to enable them to access, or participate or advance in employment. In order to make a 'reasonable accommodation', employers may need to respond to the specific functional abilities of a disabled person by, for example, providing or modifying equipment, or facilities; or changing practices or procedures.

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